Can I Write My Own Consent Order in the UK?

The Short Answer: Yes, You Can. But Should You?

If you're going through a divorce in England and Wales and you've already agreed with your ex on how to split finances, the idea of writing your own Consent Order is tempting. Why pay a solicitor £1,500–£3,500 when you both know what you want?

Here's the reality: the court doesn't require you to use a solicitor. There's no legal rule that says only a lawyer can draft a Consent Order. You are perfectly entitled to prepare one yourself, submit it to the family court, and ask a District Judge to approve it.

But — and this is a significant "but" — DIY Consent Orders are rejected far more often than professionally drafted ones. And a rejection doesn't just mean wasted time. It means weeks or months of delay, potential re-drafting costs, and in the worst case, leaving yourself financially exposed while you sort it out.

So let's look at what's actually involved, where people go wrong, and what your realistic options are in 2026.

What the Court Actually Requires

When you submit a Consent Order to the family court, a District Judge reviews it privately — there's no hearing. The judge looks at two documents:

1. The Draft Consent Order — the legal document setting out exactly how assets, property, pensions, debts, and maintenance are divided
2. Form D81 — a Statement of Information summarising both parties' full financial positions, so the judge can assess whether the proposed split is fair

The judge has a duty under Section 25 of the Matrimonial Causes Act 1973 to ensure the agreement is fair to both parties — and to any dependent children. They're not rubber-stamping your agreement. They're actively reviewing whether it makes sense, whether the financial disclosure supports the proposed split, and whether the legal drafting is technically correct.

If any of those elements fall short, the order gets sent back.

Why DIY Consent Orders Get Rejected

Judges don't reject Consent Orders to be difficult. They reject them because something is wrong — and with self-drafted orders, something is wrong more often than most people expect.

The most common reasons include:

• Incorrect or imprecise legal language. Consent Orders must use specific legal terminology. Phrases like "we agree to split everything 50/50" won't work. The court needs precise recitals, undertakings, and dismissal clauses drafted in the language of the Matrimonial Causes Act 1973.
• Missing dismissal clauses. This is the most dangerous mistake. If your order doesn't explicitly dismiss all future financial claims (capital, income, pension, estate), those claims remain open — even after the order is sealed. You think you're protected, but you're not.
• Incomplete financial disclosure. The Form D81 must be thorough. If the judge spots gaps — pensions not declared, property values missing, income figures that don't add up — the whole application gets bounced.
• Unfair terms. Even if both parties agree, a judge will reject an order that appears heavily one-sided, particularly where children's needs aren't adequately considered.
• Pension clause errors. Pension sharing clauses have specific formatting and technical requirements. Getting the CETV values wrong or using incorrect wording for the Pension Sharing Annex is one of the most common triggers for rejection.
• Property clauses that can't be enforced. Vague property provisions — like "the house will be sold at some point" — give the judge nothing to enforce. Clauses need specific timeframes, mechanisms, and indemnity provisions.

A rejection means the court sends the order back with a letter of requisition explaining the problem. You then have to fix the issues and resubmit — which can add another 4–8 weeks to the timeline on top of the original 4–12 week approval period.

The Real Cost of Getting It Wrong

People choose the DIY route to save money. But consider what happens when it goes wrong:

• First submission rejected — 4–12 weeks wasted
• Redrafting and resubmission — another 4–8 weeks
• If you then hire a solicitor to fix it — you're paying full solicitor fees anyway, plus the delay
• If dismissal clauses are missing or incorrect — your ex can make financial claims against you in the future, potentially costing thousands

The "free" DIY option can easily become the most expensive route of all.

What About Free Templates?

You'll find Consent Order templates online — some free, some behind a paywall. They typically provide a generic structure with placeholder text you're supposed to fill in.

The problem? Every financial settlement is different. A template can't account for:

• Whether your property is jointly owned or in one name
• Whether pensions need sharing, offsetting, or earmarking
• Whether spousal maintenance should be included or dismissed
• Whether there are children whose housing needs must be protected
• The specific dismissal clauses your situation requires

A template gives you a shape. It doesn't give you a court-ready document. And the judge reviewing your order doesn't grade on effort — it either meets the legal standard or it doesn't.

Your Three Realistic Options

If you've agreed on how to divide your finances and you need a Consent Order to make it legally binding, here's what you're choosing between:

Option 1: Full Solicitor Service (£1,500–£3,500+)

A family solicitor drafts the Consent Order and Form D81 from scratch, handles correspondence with your ex's solicitor (if they have one), and manages the court submission. This is the most comprehensive — and most expensive — route. For straightforward cases where both parties agree, it can feel like paying for more service than you need.

Option 2: Write It Yourself (£0 + £62 court fee)

You draft everything from scratch or adapt a template, complete Form D81, and submit to the court. No professional review, no safety net. The court fee is just £62, but the risk of rejection — and the costs that follow — make this a gamble. Suitable only if you have genuine legal drafting experience.

Option 3: Automated Document Generation (from £199 + £62 court fee)

A newer approach: you enter your financial details into a guided platform, and it generates a court-ready Consent Order and Form D81 using the correct legal language, proper dismissal clauses, and compliant formatting. You get professionally structured documents without the solicitor price tag.

This middle ground is increasingly popular for uncontested divorces where both parties have already agreed on the split. The documents are generated from your specific financial data — not a generic template — and formatted to the standard the family court expects.

What Should a Properly Drafted Consent Order Include?

Whether you write it yourself, use a solicitor, or use an automated platform, your Consent Order must cover:

• Recitals — the introductory clauses confirming both parties consent and setting the context
• Property provisions — sale, transfer, mortgage indemnity, equity split, timeframes
• Pension provisions — sharing orders with CETV values, or confirmation that pension claims are dismissed
• Capital and savings — who keeps what, lump sum payments if any
• Maintenance — spousal maintenance terms, or a clean break dismissing future maintenance claims
• Debt allocation — who takes responsibility for which liabilities
• Comprehensive dismissal clauses — barring all future claims for capital, income, pension, and estate/inheritance

Alongside this, the Form D81 must present a complete financial picture: income, assets, property, pensions, debts, and housing needs for both parties.

The Bottom Line

Can you write your own Consent Order? Legally, yes. Should you? That depends entirely on whether you're comfortable with the risk of rejection, delay, and — worst case — leaving financial claims open that you thought were closed.

For most people, the smart move isn't choosing between "expensive solicitor" and "risky DIY." It's finding a route that gives you court-ready documents, proper legal language, and correct dismissal clauses — without paying thousands for them.

Whatever route you choose, don't skip the Consent Order entirely. A divorce without one leaves both parties financially exposed indefinitely. The order itself is the protection. The only question is how you get there.

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Frequently Asked Questions

Do I need a solicitor to get a Consent Order approved?

No. The court does not require you to have legal representation. You can draft and submit a Consent Order yourself. However, self-drafted orders have a significantly higher rejection rate because they're more likely to contain errors in legal language, missing clauses, or incomplete financial disclosure.

How much does it cost to get a Consent Order?

The HMCTS court fee is £62 regardless of how you prepare your documents. Solicitor fees typically range from £1,500 to £3,500. Automated document generation platforms offer court-ready Consent Orders from around £199. The DIY route costs nothing upfront but carries a higher risk of rejection and resubmission costs.

What happens if my DIY Consent Order is rejected?

The court sends it back with a letter explaining the issues. You'll need to fix the problems and resubmit, which restarts the approval timeline — typically adding another 4–8 weeks. In some cases, you may need professional help to correct the drafting, which means paying for legal assistance anyway.

Can I use a free Consent Order template from the internet?

You can, but generic templates don't account for your specific financial circumstances. They often lack proper dismissal clauses, use imprecise language, and don't format pension or property provisions correctly. Judges regularly reject orders based on templates because they don't meet the court's technical requirements.

What's the difference between a Consent Order and a Clean Break Order?

A Clean Break Order is a type of Consent Order that permanently dismisses all financial claims between both parties — no ongoing maintenance, no future property or pension claims. It's the most complete form of financial severance available. Most couples with straightforward finances opt for a Clean Break as part of their Consent Order.